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My 6 month lease ends July 15th and I want to move out as soon as possible. My lease agreement specifies:

"After that (July 15), this lease will automatically renew month-to-month unless either party gives at least 60 days' written notice of termination or intent to move out"

So say I don't give them a move out notice, and my lease renews month-to-month. Then, I give written move out notice. Can they legally make me pay 60 days worth of rent? My pay period is once per month, and the following implies that 30 days is the minimum notice required, provided I myself don't give a longer notice. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm

Am I thinking about this correctly? Or is it within their right to keep me on the hook for at least 60 days' rent?

  • Since you are not currently a month-to-month tenant, what you posted will not apply. What matters is how long of a notice your lease says you are required to give them at the termination of the lease. If you are intending to stay beyond July 15, then you do become month-to-month then it seems the statute you linked means 1 month (up to 31 days) max, what does your lease say for termination? – Ron Beyer Jul 3 '18 at 2:50
  • Ok I found this clause in the moving out section "You must give notice in advance by at least the number of days required in paragraph 3 (60 days) -- even if the lease has become month to month" So it would seem they do require 60 days, although that time period doesn't really make a whole lot of sense for "month-to-month" renewal. I guess my last futile question is: does the lease agreement supersede the statute I linked? – Thomas Kirven Jul 3 '18 at 5:11
  • @ThomasKirven: It doesn't "supersede" the statute you linked, it invokes the following clause in the statute you linked: Subsections (a), (b), (c), and (d) do not apply if: (1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice – Ben Voigt Sep 3 '18 at 4:23
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Am I thinking about this correctly? Or is it within their right to keep me on the hook for at least 60 days' rent?

Your lease is somewhat confusing worded, because it isn't really a true month to month lease, which is why the statute that you link to does not apply.

There is nothing improper or prohibited about expressly requiring 60 days notice to terminate the lease in the terms of the lease itself, and you can be held to that provision of the lease.

If you wanted to avoid paying excess rent, you should have read your lease and given them notice sooner.

  • I did read most of the lease, however even upon review the wording was confusing and I had to dig down and think about it. Wouldn't have helped anyway as I had no plans of moving a month and a half ago. I guess I'm just confused why they would call it a month to month term, charge me per month, but then require 2 months notice for move out. I can understand requiring that amount of time for a 6 or 12 month lease, but it literally makes no sense for month to month. – Thomas Kirven Jul 3 '18 at 15:33

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